Legal Opinion
United States v. Gilberto Pimentel-Flores
Court of Appeals for the Ninth Circuit
Decided August 11, 2003No. 02-10353PublishedCited by 144 opinions
1Opinion of the Court
ALSUP, District Judge.
This appeal requires an interpretation of the 2001 amendment to United States Sentencing Guideline § 2L1.2. The question is whether the term “crime of violence” as defined in the new guideline is limited to “aggravated felonies” within the meaning of 8 U.S.C. § 1101(a)(43). Based on the plain meaning of the guideline and its application note, we hold that a “crime of violence” under the new guideline need not be an “aggravated felony” within the meaning of the statute to qualify for a 16- level enhancement. Notwithstanding, the proceedings below were flawed for relying…
2Cases cited15 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
- United States v. Miguel Angel Flores-PayonCourt of Appeals for the Ninth Circuit · 1991
- United States v. James Earl MatthewsCourt of Appeals for the Ninth Circuit · 2002
10 more not listed; retrieve them via the Exa API.
3Cited by144 opinions
- United States v. Isidro Moreno-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Jasper BlackCourt of Appeals for the Ninth Circuit · 2007
- United States v. Turbides-LeonardoCourt of Appeals for the First Circuit · 2006
- United States v. Rene Jaimes-JaimesCourt of Appeals for the Seventh Circuit · 2005
- United States v. Timothy Allen WennerCourt of Appeals for the Ninth Circuit · 2003
139 more not listed; retrieve them via the Exa API.